To ensure legal protection of property and the rights of citizens, it is necessary to draw up a competent and correct rental agreement for a room in an apartment. or the form would be too simple, because We do not live in a standardized world and each case is individual. It is strongly recommended that you study the forms and templates provided and adjust them to suit your goals and objectives. It is much better if you do this with a lawyer.
It is also necessary to make a rather important note: a lease agreement is concluded when both or one of the parties are legal entities. If both parties to the transaction are individuals, then they enter into a rental agreement.
In the article you can download samples for a privatized, communal apartment or dormitory, as well as learn the main nuances when drawing up a template.
Rental agreement for a room in an apartment
If the subject of the lease is a room in an apartment that is owned, and it is rented out by one individual to another, then a standard rental agreement is concluded. You can download the sample below. There is nothing supernatural when filling out this form, but it is worth highlighting the main subtleties and pointing out the key points.
Room rental agreement (pdf) Sample, completed form (pdf)
Important: in order not to register the transaction in Rosreestr, rent between individuals is concluded for a period of up to 11 months. You can also draw up a transfer and acceptance certificate to ensure the integrity of furniture, equipment, property and housing that are rented
Completed sample contract with comments
The header indicates the city where the rental agreement is drawn up and the date. The tenant and the landlord, who is the owner or has the right to dispose of the residential property by power of attorney, are included. We make sure to check all the papers for the apartment and enter the document on the basis of which the room is rented. This may be a certificate of ownership, or an extract from the Unified State Register. We include all cohabitants as in the example, including pets, so that in the future there will be no unnecessary reasons for eviction.
A very important nuance will be the term of the room rental agreement: if both parties to the transaction are individuals, then it is better to conclude it for up to 1 year. Then it will not have to be registered with Rosreestr and unnecessary bureaucracy will be avoided.
Some citizens deliberately sign it for 11 months in order to avoid paying taxes. But you need to understand that if the information that you are renting out housing gets into the tax office, you will have to pay a fine, in addition to the tax on hidden income.
As for rights and obligations, under the lease agreement the living room is transferred to the tenant from the date specified in clause 2.1. This will be considered the date of check-in. Otherwise, there are standard requirements for the landlord: provide access to the room, hand over the keys, protect against possible actions of third parties and come and check no more than once a month, having previously notified you of your visit.
The list of requirements for the employer is longer:
- he bears full financial responsibility for the furniture and property transferred along with the residential premises;
- does not sublet or sublet the room;
- does not have cats, dogs or other animals without consent;
- does not carry out alterations, repairs, replacement of locks and covers, etc.
This lease agreement is worked out quite scrupulously in terms of payments. Edit it according to your needs, because... very strict language is used here regarding security deposit and collateral. As for utility bills, as a rule, if a room in an apartment is rented and there are no separate meters for each room, they are paid by the landlord, the owner of the premises. They must be included in the rent. If it is possible to split payments, these conditions are prescribed individually. In our situation, we put dashes, because Housing and communal services are paid by the landlord.
The liability section reflects the terms of termination and provides satisfaction in the event of a violation by one of the parties to the room rental agreement. If there are other owners in the apartment besides the owner, he guarantees that they have given their consent to this.
Special conditions convey methods for resolving disputes in accordance with the law, if it is impossible to agree otherwise. In addition, it is stated here that all responsibility for the premises and property lies not only with the tenant, but also with his cohabitants, written down in the first paragraph of this sample rental agreement. The final action will be to sign your signatures with a wide wave of your hand and fill out your passport information.
Contents of the residential lease agreement
In order to officially rent out a room in a communal apartment, you need to enter into a written agreement. According to Article 674 of the Code, the contract must be concluded in writing.
One of the essential terms of the contract is the subject of the contract.
When describing the premises, you must include all key information.
The document must include the cadastral number of the property, name, address, square footage, and characteristics of the house in which the room is located. You also need to indicate the details of the document on the basis of which the party has the right to dispose of the specified property (for example, a certificate of ownership).
The agreement must contain the following sections:
- Preamble. It records information about the landlord and the tenant. If the parties are individuals, you must indicate your full name, passport details, place of registration and residence. If the employer is an organization, state registration number, name, organizational and legal form, and location address are indicated. If the landlord is a minor, you must provide the details of the child’s birth certificate (or adoption certificate). As well as permission from the guardianship authorities.
- Reward amount. The rental price of real estate must be fixed in accordance with the provisions of Article 682 of the Code. There are no limits on the contract price. Each owner independently sets the amount of rent. Based on the provisions of Article 682 of the Civil Code, the parties must clearly determine the amount of contributions. A separate provision prescribes the distribution of expenses related to the maintenance of residential premises. Unless otherwise established by the contract, current repairs are carried out at the expense of the tenant, capital repairs - at the expense of the lessor. It is separately stated who pays for utilities and in what amount. This is enshrined in the provisions of Article 678 of the Civil Code.
- Guarantees (deposit). When signing the contract, the owner is given money as collateral in case of damage to the landlord's property. If obligations are fulfilled with high quality, the money is returned to the employer.
- Validity. The maximum term of the contract is five years. If this is not specified, the agreement is considered concluded for this period. This is enshrined in Article 683 of the Civil Code.
- Procedure for using residential premises. When signing the contract, you can live in the apartment together with minor children. The remaining residents move in by prior agreement with the owner.
Rental agreement for a room in a communal apartment
Before concluding a lease agreement, you should take into account the legal status of the communal property:
- If a room in a communal apartment is privatized, then it can be rented out without any problems, because... its owner is an individual.
- If it is not privatized, then the consent of the owner should be obtained. Most often, this is a municipality or state that manages real estate under social rental conditions. The tenant here can only sublease or rent out a room. In this case, it is necessary to obtain the consent of the local administration and neighbors.
This form serves as an excellent example of legal literacy and allows you to bypass the most sensitive and complex issues that may arise during the rental process. An important factor is compliance with the living space standard in a communal apartment - at least 12 m2 per person.
Legal basis
Legal relations relating to the rental of residential premises are regulated by the provisions of Chapter 35 of the Civil Code. According to Article 673 of the Code, strict requirements are imposed on real estate.
By law, the room must be habitable and isolated.
The tenant has the right to use all the property of an apartment building that is in common use: electricity, sewerage, heating, water supply, service systems (elevators), sanitary equipment, etc.
If you rent housing for less than a year, the contract does not require state registration.
Exceptions apply to premises in respect of which the owner has restrictions (Article 674 of the Civil Code).
Restrictions also apply to the subjects of the contract. The owner of the premises can sign the agreement with an individual.
If the contract is concluded with an organization, the provisions of the rental norm apply.
According to legal norms, there are three types of hiring: specialized, social, commercial. Specialized rental agreements are concluded with military personnel or other persons who have the right to apply for such housing.
Social rental agreements are concluded in relation to municipal or state housing stock with citizens recognized as needy.
The third type of agreement is concluded between citizens.
Dorm room rental agreement
As a rule, the renter of a hostel is an organization that provides housing for temporary use, for example, to workers, students of universities and colleges, etc. Most often, the owner is a municipality or department and it is impossible to privatize it and assign it the status of private property in order to dispose of it at its own discretion. To sublet such a room, you will need to obtain permission from the owner of the premises and at the same time be a tenant in the housing stock in which you study or work.
The standard living space in a dormitory must be at least 6 square meters. m. per person.
We hope the presented forms and sample contracts were useful to you. We strongly recommend that you make adjustments to the templates specifically for your case and contact a lawyer to avoid unpleasant consequences. If you have any questions, ask them in the comments.
Hiring agreement between individuals - sample
We, the undersigned, __________________________________________________________, passport series __________ No. ___________________, issued by ____________________________ ________________________________________________________________________________, hereinafter referred to as the Lessor, on the one hand, and ___________________________ ______________________________________________________________, passport series _________ No. ___________________, issued by _____________________________________________________ ________________________________________________________________________________, hereinafter referred to as the Tenant, on the other hand, have signed the Agreement as follows:
1. Subject of the short-term rental agreement:
1.1. The Landlord provides the Tenant with an apartment consisting of _____room(s), located at the address: _____________________________________________________________________________________ for a fee, for temporary use for residential purposes. 1.2. The lessor (or his representative) disposes of the apartment on the basis of _______________________________________________________________________________________________ 1.3. The following persons will live in the apartment together with the TENANT during the rental period: _____________________________________________________________________________________ 1.4. The hiring period is set from “____”_____________20____. and expires “____”_____________20____. 1.5. Upon expiration of the contract, the parties have the right to:
- terminate your contractual relationship;
- conclude a new rental agreement for an apartment on the same or different terms for a new term.
2. Obligations and rights of the lessor:
2.1. The lessor is obliged: 2.1.1. Provide an apartment to the Tenant from “_____”_______________________20___; 2.1.2. Provide the Tenant with free access to the apartment; 2.1.3. Deliver to the Tenant an apartment suitable for living, meeting the necessary sanitary and technical requirements usually required for residential premises. 2.2. The Landlord has the right to check the condition of the apartment and the property in it once a month at a time previously agreed upon with the Tenant. 2.3. The Lessor guarantees that at the time of signing the Agreement
- - disposes of the object on a legal basis - the document specified in clause 1.2 of this agreement;
- — The apartment is not rented, not alienated, is not under collateral, is not under arrest, and is not the subject of any dispute;
- — the necessary consent in accordance with the legislation of the Russian Federation has been obtained from all owners and/or adult users of the Facility to conclude the Agreement.
3. Responsibilities and rights of the employer:
3.1. The employer is obliged: 3.1.1. Use the facility only for personal residence and residence of persons specified in clause 1.3. Agreement. 3.1.2. Timely pay the fee for the use of the property (rental fee) in the manner agreed with the Landlord, as well as payments in accordance with clause 4.6 of the agreement. 3.1.3. Keep the property clean and tidy, ensure the safety of the apartment and maintain it in proper condition. 3.1.4. Treat the Lessor's property located in the facility with care. 3.1.5. Eliminate the consequences of accidents (including fires, floods) that occurred in the facility due to the fault of the Tenant and/or persons living with him at his own expense and on his own. 3.1.6. Do not violate the rights and interests of the owners of adjacent premises when using the facility. 3.1.7. Freely admit the Landlord to the apartments in accordance with clause 2.2 of the Agreement. 3.1.8. Return to the Lessor the object, the property located in it, the keys in the same condition in which they were transferred to the Lessee, taking into account their natural physical wear and tear upon the expiration of the rental period established by this agreement. 3.1.9. In case of detection of theft, damage to the Lessor's property as a result of fire, flood, illegal actions of third parties, etc., immediately notify the Lessor about this, and in his absence, report it to the relevant competent authorities. 3.2. The Tenant has no right, without prior agreement with the Landlord: 3.2.1. Install any equipment in the apartment (strengthening doors, installing or replacing locks, installing alarms, security systems, etc.). 3.2.2. Transfer the apartment to third parties, as well as sublease. 3.2.3. Carry out renovation and reconstruction of the apartment. 3.2.4. Introduce other persons not specified in clause 1.3 of the Agreement.
4. Payments and settlement procedure:
4.1. The rental fee per month is (________________________________________________________________________________) 4.2. The specified fee amount is fixed and cannot be unilaterally changed. 4.3. Rental payment is made monthly no later than ___day of the current month for ___month (a, s) in advance. 4.4. At the time of signing this Agreement, the Tenant transferred to the Lessor the amount in the amount of: _______________________________________________________________________________________________ 4.5. Payment of rent, telephone subscription and utilities, with the exception of those specified in clause 4.6. Agreement, carried out by _____________________________________________________________________ 4.6. Payment for the Internet, as well as consumed electricity and water (if meters are available) is carried out by ___________________________________________________________________________________ 4.7. If at the time the Tenant leaves the property there are any debts and/or unpaid bills, the obligation to repay/pay for which in accordance with this Agreement is assigned to the Tenant, the corresponding amounts of money are subject to withholding by the Landlord from the amount of the security deposit (clause 6.1 of the agreement).
5. Responsibility of the parties and the procedure for early termination of the contract:
5.1. Early termination of the Agreement is possible due to its early termination or due to the unilateral refusal of either party to fulfill it. 5.2. Unilateral refusal to fulfill the Agreement before the expiration of the period specified in clause 1.4 can be made by either party if the other party violates the terms. 5.3. Termination by way of unilateral refusal is carried out by notifying one of the parties to the Agreement to the other party indicating the reason for the refusal no later than thirty calendar days before the date of termination of the agreement. 5.3.1. In the event of a unilateral refusal to fulfill the Agreement and non-compliance with clause 5.3 at the initiative of the Tenant, subject to the Landlord’s compliance with the conditions, the Landlord withholds the security deposit in its favor, and the return to the Tenant of a portion of the money, proportional to the unused rental period, is made only at his voluntary request. 5.3.2. In the event of a unilateral refusal to fulfill the Agreement and non-compliance with clause 5.3 at the initiative of the Landlord, provided that the Tenant complies with the terms of the Agreement, the Landlord is obliged to compensate the Tenant for the cost of one month's rent after the Tenant's departure, as well as return the security deposit minus written-off losses. 5.4. If the Tenant fails to pay the rental fee for the Object within one week, this Agreement is considered terminated. 5.5. The Tenant bears full financial responsibility for damage caused to the Lessor's facility and/or property, for damage caused to the owners of adjacent premises, regardless of whether this damage is the result of intentional actions or the result of negligence of the Tenant and/or persons living with him. 5.6. If payments are late, the Tenant shall pay the Landlord a penalty in the amount of 1% of the amount owed for each day of delay. 5.7. Termination or termination does not relieve the Tenant from fulfilling the obligation in accordance with clause 5.6. You can terminate the agreement by giving notice of early termination. 5.8. The parties are released from liability for failure to fulfill their obligations if the reason for this was force majeure events and/or factors beyond their control and beyond the control of the parties, such as: natural disasters, armed conflicts, regulations of public authorities and public administration, significantly complicating or making impossible the fulfillment of accepted obligations.
6. Special conditions:
6.1. At the request of the Landlord, the Tenant undertakes to transfer to him a security deposit (security payment) to secure payment for long-distance, international telephone calls, other paid communication services, including the Internet, provided to the Landlord's telephone number, and other paid services for servicing the facility, the obligation to pay for which lies with the Tenant, as well as ensuring the safety of the Landlord’s property transferred to the Tenant. The security deposit is ____________________________(________________________________________________ ______________________________________________________________________________________ rubles) 6.2. When the tenant leaves the property, the lessor undertakes to return the security deposit to him (clause 6.1.) after checking and confirming payment of bills, receipts in accordance with clause 4.6., as well as confirmation of the safety of the property leased, minus the corresponding arrears in payments and/or compensation property damage. 6.3. The persons listed in clause 1.3 who live together with the Tenant bear all responsibilities equally with the Tenant. 6.4. The security deposit is paid by ________________________________ and paid by the employer.
7. Final provisions:
7.1. The parties have read the Agreement and fully agree with it. 7.2. The agreement comes into force from the moment it is signed by both parties. 7.3. All changes and additions are valid if they are in writing and signed by both parties. 7.5. On issues not provided for in the Agreement, the parties are guided by the legislation of the Russian Federation. 7.6. The agreement is drawn up in two copies having equal legal force, one for each of the parties.
8. Additional conditions:
Animal accommodation: _________________________________________________________________ Smoking: _________________________________________________________________ Meter readings: Electricity: ________________________________________________________________ Water supply: ________________________________________________________________________________ The Landlord handed over to the Tenant _________________________ set(s) of keys.
9. Signatures of the parties:
“Tenant” (signature)______________________________________________________________“___” _______________ 20__
“Lenter” Full name: (signature)__________________________________________________ “_____” _______________ 20__
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